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As to Endowment of Glebe Lands or Houses by Deed or Will.
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XXIII. That it shall be lawful for any Person, Body Politic or Corporate, having in his own Right, or in right of their Corporate Body, an Estate in Fee Simple, Fee Tail, or Fee Farm, in possession, reversion, or contingency, in Lands, Tenements, or Hereditaments, and having legal Capacity to dispose of the same, whether in his or their own Behalf, or in pursuance of any Trust theretofore created, by any Deed duly executed under his Hand and Seal, and in the Case of Her Majesty and Her Successors by Deed under the Great Seal of Ireland, and in the Case of a Corporation aggregate by Deed under the Corporate Seal, such Deed to be registered in the Registry of the Diocese, and enrolled in the Rolls Office of the High Court of Chancery in Ireland, within Six Months after the Execution thereof, or in case of a private Person by last Will and Testament in Writing duly executed at the least Three Calendar Months before the Death of the said Testator, and duly registered in the Registry of the Diocese within Six Months after his Decease, without any Licence of Alienation or in Mortmain, and without any Deed disentailing or destroying any Estate Tail, to grant or to devise to the Incumbent, Chaplain, or Curate of any Church, Parochial Chapelry, or Perpetual Curacy having no House of Residence or Glebe Lands, or an insufficient or inconvenient House of Residence or Quantity of Glebe Land belonging thereto, and his Successors, or to any Person or Persons or Corporation, in trust for the Incumbent, Chaplain, or Curate of any Church, Parochial Chapelry, or Perpetual Curacy, then or thereafter, and within the Time herein-after provided, erected and constituted by lawful Authority in any Parish or District, any House, Outhouse, Yard, Garden, Orchard, Easement, Lands, or Tenements, as a House of Residence or Conveniency or as Glebe Lands for such Church, Chapelry, or Curacy, whether lying within the local Limits of such Benefice, Chapelry, or Curacy, or not; provided that the same be deemed by the Bishop of the Diocese suitable and conveniently situate for the actual Residence and Occupation or Enjoyment of the Incumbent, Chaplain, or Curate thereof, and his Successors; and provided also, that such Lands, together with the former Glebe of such existing Church, Chapelry, or Curacy, shall not exceed Forty Acres at the most, and that such Grant or Devise shall be null and void as to the Excess thereof, but shall be valid and effectual as to the Residue; and such House, Outhouse, Yard, Garden, Orchard, Easement, Lands, or Tenements shall, from and after such Grant or Devise thereof, registered and enrolled as aforesaid, and the Death of any such Testator, for ever be deemed and taken to be the Glebe House, Outhouse, Office, Yard, Garden, Orchard, Easement, and Glebe Land of such Church, Chapelry, or Curacy, to all Intents and Purposes, and shall be vested in the Incumbent, Chaplain, or Curate thereof, and his Successors for ever, or in case of there being no such Incumbent, Chaplain, or Curate at the Date of such Grant, or the Death of such Testator, or afterwards, the same shall be vested in the Bishop of the said Diocese, and his Successors, or in such Trustee or Trustees as shall be nominated by such Benefactor, and the Survivor of them, and the Heirs of such Survivor, in trust for and unto and to the Use of such Incumbent, Chaplain, or Curate as shall be thereafter duly nominated and appointed thereto, until there shall be such Incumbent, Chaplain, or Curate there established, and until such Incumbent, Chaplain, or Curate, and his Successors, shall be constituted a Corporation sole capable of perpetual Succession, and then and from thenceforth to the sole Use of such Incumbent, Chaplain, or Curate, and his Successors for ever.
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